Effect given to the recommendations of the committee and the Governing Body - Report No 391, October 2019

Case No 3021 (Türkiye) - Complaint date: 09-APR-13 - Closed

Effect given to the recommendations of the committee and the Governing Body

1. 68. The Committee last examined this case, which concerns the conformity of the Act on Trade Unions and Collective Bargaining Agreements (Act No. 6356) with Convention No. 98, at its June 2017 meeting [see 382nd Report, paras 140–145]. On that occasion, it invited the Government to send detailed information on the application of Decree No. 678 to the Committee of Experts on the Application of Conventions and Recommendations (CEACR); it further requested the Government to continue reviewing the impact of the perpetuation of the branch threshold requirement on the trade union movement and the national collective machinery in full consultation with the social partners; to revise the law with a view to removing the one per cent threshold if it was confirmed that the perpetuation of it had a negative impact on the national collective bargaining machinery; and to keep it informed of any developments in this respect.
2. 69. In its communication dated 13 November 2017, the Government provides information on the application of Decree No. 678 allowing the Council of Ministers to postpone strikes in local transportation companies and banking institutions for 60 days. It indicates, in particular, that in 2017, five strikes were suspended pursuant to the Decree. In four cases, the parties have come to an agreement and in one case, the dispute was referred to a High Court of Arbitration, which resulted in the signing of an agreement. The Government further informs that by a decision of the Constitutional Court, certain provisions of Act No. 6356 were repealed. It also indicates that Sosyal-Is concluded eight collective agreements in 2015, covering 102 workers; 30 in 2016, covering 5,914 workers; and 15 in 2017, covering 1,402 workers.
3. 70. The Committee takes note of the information provided by the Government. Noting that these matters are being followed by the CEACR in respect of Conventions Nos 87 and 98, the Committee refers the legislative aspects of this case to the CEACR and will not pursue its examination.